HomeMy WebLinkAbout98-02427
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HERMAN W. GILLIAM, JR"
Plaint if f
IN 'I'HE COURT OF COMMON PI"EAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98- ;(L()-"! e ~l:';../Z-,
vs.
CUMBERLAND COUNTY HISTORICAL
SOCIETY AND HAMILTON LIBRARY
ASSOCIATION, INC.,
Defendant
CIVU, ACTION ~ LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the follOWing pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a writ ten appearance personally or by at torney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that it you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by Plaintiff, You may lose money or property or other
rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT ].FFORD ONE, GO TO OR TELEPHONE THE
OFFICE SE~~TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERI..AND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
PHONE: (717) 249- 3166
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4. At the aforesaid time and, place, Plaint iff, Herman W.
Gillii!lm, Jr., was walking through the parking lot, which was used
by patrons of the Hamil ton Restaurant in order to enter the
restaurant, when he tripped in a hole in the macadam which had been
filled with rainwater and fell to the ground, thereby causing
severe, injuries to his person, hereinafter more fully described.
5. As the owner, operator, possessor and/or controller of the
parking lot, Defendant, Cumberland County Historical Society and
Hamilton Library Association, Inc., owed members f)f the public,
including Plaintiff, Herman W, Gilliam, Jr., who were walking in
the parking lot, the duty to exercise reasonable care to repair and
eliminate any dangers and defects on the premises, including but
not limited to potholes, cracks, uneven pavement and similar
dangers and defects.
6. Defendant, Cumberland County Historical Society and
Hamilton Library Association, Inc., knew or should have known of
the dangers and defects on the premises it owned, operated,
possessed and/or controlled, including but not limited to potholes,
cracks, uneven pavement and similar dangers and defects.
7. Defendant, Cumberland County Historical Society and
Hamilton LlbL'ary Association, Inc.'., breached its duty to members of
the general public, including Plaintiff, Herman W, Gilliam, Jr.,
and acted negligently, carelessly and/or recklessly, in that it:
a) failed to undertake whatever measures necessary
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to repair the dangera .and defects on the aforesaid
. parking lot, specifically, to repa.tr the potholes,
cracks, uneven pavement and similar dangers and defects
on the premises;
b) failed to properly maintain the aforesaid parking
lot and, specifically, to repair and eliminate the
dangers and defects on the aforesaid parking lot,
including repairing and eliminating the potholes, crackB,
uneven pavement and similar dangers and defects on the
premises;
c) failed to adequately inspect the aforesaid
parking lot and ascertain whether there existed any
dangers and defects on the premises, including the
existence of potholes, cracks, uneven pavement and
similar dangers and defects on the premises; and
d) failed to warn members of the general public /
including Plaintiff / of the dangers and defects on the
parking lot / including the existence of potholes / cracks /
uneven pavement and similar dangers and defects.
8. At the aforesaid time and place, the trip, fall and
injuries resul ting therefrom were caused by the negl igent, careless
and/or reckless acLirJIlS of Defendant, Cumberland Count.y Historical
Society and Hamilton Library Association, Inc., as set forth in
more detail in paragraph 7 above.
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9. As a direct and proximate result of the breach of its duty
and the negligent, careless and/or reckless acts of the Defendant,
Cumberland County Historical Society and Hamilton Library
Association, Inc., the Plaintiff, Herman W. Gilliam, Jr., has
suffered injuries which were and are severe, painful, serious and
permanent including, but not limited to:
(a) a fractured right hip; and
(b) contusions and abrasions,
10. As a further direct and proximate result of the breach of
its duty and the negligent, careless and/or reckless acts of the
Defendant, Cumberland County Historical Society and Hamilton
Library Association, Inc" the Plaintiff, Herman W. Gilliam, Jr.,
has been obligated to receive and undergo medical attention, care
and expenses for the injuries he has suffered and may be obligated
to continue to incur Buch expenses for an indefinite time in the
future.
11, As a further direct and proximate result of the breach of
its duty and the negligent, careless and/or reckless acts of the
Defendant, Cumberland County Historical Society and Hamilton
Library Association, Inc., the Plaintiff, Herman W. Gilliam, Jr.,
has suffered a loss of earri.ngs and/or impairment of his earning
capacity and power.
12. As a further direct and proximate result of the breach of
its duty and the negligent, careless and/or reckless acts of the
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